DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Southern Queensland Student Guild T/A The USQ Student Guild, The Works Health & Recreation Club
(AG2017/1387)

USQ STUDENT GUILD ENTERPRISE AGREEMENT 2017

Amusement, events and recreation industry
COMMISSIONER SAUNDERS	NEWCASTLE, 31 MAY 2017

Application for approval of the USQ Student Guild Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the USQ Student Guild Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by University of Southern Queensland Student Guild T/A The USQ Student Guild, The Works Health & Recreation Club. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2017. The nominal expiry date of the Agreement is 30 May 2021.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The University of Southern Queensland Student Guild, trading as The USQ Student Guild, The Works Health & Recreation Club, applied for approval of the USQ Student Guild Enterprise Agreement 2017, which was made under the Fair Work Act 2009. The application was heard by the Fair Work Commission. The university opposed the application, asserting that the agreement did not meet the requirements of the Fair Work Act and that the process for its creation was flawed.

The central issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the university contended that the agreement was not a genuine enterprise agreement as it had not been negotiated in good faith, and that the process for its creation did not comply with the procedural requirements of the Act. The Commission had to determine whether the agreement was made in accordance with the Act and whether it met the threshold criteria for approval, including being a genuine enterprise agreement.

The Commission found that the agreement was a genuine enterprise agreement, having been negotiated in good faith and meeting the requirements of the Act. The process for its creation was deemed compliant with the procedural requirements, and the agreement met all the threshold criteria for approval. Consequently, the application for approval of the USQ Student Guild Enterprise Agreement 2017 was approved.

The final orders included the approval of the USQ Student Guild Enterprise Agreement 2017 and the setting aside of the university's opposition to the application.

University of Southern Queensland Student Guild T/A The USQ Student Guild, The Works Health & Recreation Club

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established